Douglas v. Dreamdealers USA, LLC et al

Filing 27

ORDER Granting 22 Second Stipulation to Extend Discovery Deadlines. Discovery due by 8/30/2018. Motions due by 10/1/2018. Proposed Joint Pretrial Order due by 10/31/2018. Signed by Magistrate Judge Peggy A. Leen on 7/12/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02134-APG-PAL Document 22 Filed 07/10/18 Page 1 of 4

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WENDY M. KRINCEK, ESQ., Bar # 6417
MARCUS B. SMITH, ESQ., Bar # 12098
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
Email:
[e-mail]
[e-mail]
Attorneys for Defendants
Dreamdealers USA, LLC d/b/a Exotics Racing,
David Perisset, and Roman Thievin
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EDWARD B. DOUGLAS, an individual,
Plaintiffs,

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Case No. 2:17-cv-02134-APG-PAL

vs.
DREAMDEALERS USA, LLC d/b/a
EXOTICS RACING, A Nevada limited
liability company, DAVID PERISSET, an
individual, and ROMAN THIEVIN, an
individual,

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
(SECOND REQUEST)

Defendant.

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Pursuant to Local Rules 6-1 and 26-4, Defendants, DREAMDEALERS USA, LLC d/b/a

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EXOTICS RACING, DAVID PERISSET, and ROMAN THIEVIN (hereinafter “Defendants”), and

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Plaintiff, EDWARD B. DOUGLAS (“Plaintiff”), by and through their respective attorneys of record,

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hereby stipulate to amend the Discovery Plan and Scheduling Order (ECF No. 20) by extending the

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outstanding discovery deadlines for a period of thirty (30) days. This is the second request for an

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extension to the discovery plan and scheduling order in this matter. The requested extension is

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sought in good faith and not for purposes of undue delay.

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LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

Case 2:17-cv-02134-APG-PAL Document 22 Filed 07/10/18 Page 2 of 4

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I.

COMPLIANCE WITH LR-26-4

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Local Rule 26-4 and the Discover Plan and Scheduling Order provide that the parties’ request

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to extend discovery must be submitted no later than 21 days prior to the date the parties seek to

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extend, otherwise the parties must show that the failure to timely submit the request was caused by

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excusable neglect. In this case, 21 days before the current July 31, 2018 discovery cutoff date is July

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10, 2018.

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II.

DISCOVERY COMPLETED TO DATE

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The parties have exchanged initial disclosures pursuant to FRCP 26(a)(1). The parties have

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propounded and responded to requests for production of documents and interrogatories, and the

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parties have scheduled depositions for all Plaintiff (July 20, 2018), Defendant Perisset (July 19,

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2018), and witness Ashley Leach (July 13, 2018). Due to a family emergency, the deposition of

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Defendant Thievin has been postponed.

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III.

DISCOVERY THAT REMAINS TO BE COMPLETED

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The Parties may need to propound additional written discovery and meet and confer about

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current discovery responses, which may prompt the scheduling of additional depositions. The

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Parties agreed to continue the responses to the outstanding written discovery while they were

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engaged in settlement discussions. Settlement discussion recommenced between the parties at the

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ENE, which was held on January 16, 2018, and have been ongoing in good faith since that date.

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IV.

REASONS FOR EXTENSION TO COMPLETE DISCOVERY
Good cause exists to extend the discovery deadlines as requested. The Parties have been

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engaged in good faith settlement discussions since before the Complaint was filed.

These

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discussions resumed during the ENE on January 16, 2018 and have continued in good faith since the

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ENE.

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Accordingly, the parties have not wanted to upset their progress with (potentially contentious and

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costly) discovery and motion practice.

The parties believe in good faith that there is a reasonable likelihood of settlement.

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If this matter does not settle, this extension is necessary to allow both parties ample time to

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complete all appropriate discovery. Specifically, additional time is needed to complete written

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discovery, subpoena third party records, and take depositions.
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LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

Case 2:17-cv-02134-APG-PAL Document 22 Filed 07/10/18 Page 3 of 4

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Moreover, circumstances outside the Parties’ control have further delayed the Parties’ ability

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to complete discovery. Specifically, as stated above, Defendant Thievin currently has a family

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emergency which required him to travel outside the country. It is not clear at this point when he will

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be able to return. Additionally, Plaintiff’s spouse has been ill, requiring Plaintiff’s attention to shift

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from this litigation to her health.

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The parties believe that barring any unforeseen circumstances, all necessary discovery can be
accomplished by the requested extended deadlines.

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REVISED DISCOVERY PLAN

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1. Discovery Cut-Off Deadline

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The discovery cut-off deadline shall be extended for 30 days from July 31, 2018 to August
30, 2018.

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2. Dispositive Motions Deadline

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The parties shall file dispositive motions 30 days after the extended discovery cut-off date,

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and therefore, not later than October 1, 2018.

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3. Joint Pretrial Order Deadline

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If no dispositive motions are filed, and unless otherwise ordered by this Court, the Joint

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Pretrial Order shall be filed 30 days after the date set for filing dispositive motions, and therefore,

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not later than October 31, 2018. In the event dispositive motions are filed, the date for filing the

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Joint Pretrial Order shall be suspended until 30 days after the Court enters a ruling on the dispositive

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motions or otherwise by further order of the Court.

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4. Interim Status Report Deadline

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The parties submitted an interim status report on Friday, June 1, 2018.

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5. Extensions or Modification of the Discovery Plan and Scheduling Order:

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In accordance with Local Rule 26-4, any stipulation or motion for modification or extension

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of this discovery plan and scheduling order must be made at least 21 days prior to the expiration of

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the subject deadline.

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LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

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Case 2:17-cv-02134-APG-PAL Document 22 Filed 07/10/18 Page 4 of 4

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Accordingly, the parties stipulate, subject to the approval of this Court, to the following new
deadlines:
Deadline

Current Deadline

Revised Deadline

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Discovery Cut-Off

Tuesday, July 31, 2018

Thursday, August 30, 2018

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Dispositive Motions

Thursday, August 30, 2018

Monday, October 1, 2018

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Joint Pretrial Order

Monday, October 1, 2018

Wednesday, October 31, 2018

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Dated: July 10, 2018

Dated: July 10, 2018

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Respectfully submitted,

Respectfully submitted,

/s/ Dustin L. Clark
DUSTIN L. CLARK, ESQ.
CLARK LAW COUNSEL PLLC

/s/ Marcus B. Smith
WENDY M. KRINCEK, ESQ.
MARCUS B. SMITH, ESQ.
LITTLER MENDELSON, P.C.

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Attorneys for Plaintiff

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Attorneys for Defendants
ORDER

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IT IS SO ORDERED.

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Dated: July 12, 2018.

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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Firmwide:155752415.1 087825.1002

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LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

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